Criminal Investigation Evidence Procedures

1 Army Regulation 195 5 Criminal InvestigationEvidenceProceduresHeadquart ersDepartment of the ArmyWashington, DC22 February 2013 UNCLASSIFIEDSUMMARY of CHANGEAR 195 5 Evidence ProceduresThis major revision, dated 22 February 2013--o Adds policy which makes Evidence Procedures applicable to Armycounterintelligence (para 1-1).o Requires Evidence custodians to seek supervisor or counsel guidance forunusual Evidence processing, handling, or final disposition not addressed inthis regulation (para 1-4h(4)).

2 O Removes the specification for the primary Evidence custodian of ArmyCriminal Investigation Command units to be an enlisted special agent (para 1-6a(1)(a)).o Specifies new requirements for DA Form 4137 (paras 1-4h(5), 2-3, 2-4b, and 2-4h).o Permits the sealing of all Evidence by the person collecting the Evidence and/or the Evidence custodian and provides requirements for the resealing of anevidence container (paras 2-2a and 5-2b(3)).o Provides guidance about the handling, transportation, storage, and shipmentof hazardous chemicals and explosives (paras 2-3m and 2-7e(7)).

3 O Revises guidance about Contingency Limitation .0015 Funds for criminalinvestigative activities (paras 2-3n, 2-3o, and 2-7i).o Permits the Evidence ledgers to be disposed of 3 years after the date that thelast item of Evidence listed within it is disposed (para 2-5a).o Specifies that classified items of Evidence will be stored in accordance withAR 380-5 (para 2-6h).o Provides additional guidance about physical Evidence being sent directly tothe Army Criminal Investigation Laboratory before it is sent to asupporting Evidence custodian (para 2-7c(3)).

4 O Prohibits the release of Evidence , that is, photographs or video images ofchild exploitation or suspected child exploitation to defense counsel withoutan order from a judge (para 2-7j).o Significantly revises and reorganizes policies and Procedures about the finaldisposition of Evidence (paras 2-8 and 2-9).o Grants up to 5 working days for resolution of problems regarding Evidence thatcannot be located before an official inquiry is initiated (para 3-3a).o Adds or alters requirements for Evidence rooms (paras 4-2b(1), 4-2c(7), and4-2f(4)).

5 O Removes most of the policies and Procedures specified for the ArmyCriminal Investigation Laboratory (throughout).o Makes administrative changes (throughout).HeadquartersDepartment of the ArmyWashington, DC22 February 2013 Criminal InvestigationEvidence Procedures *Army Regulation 195 5 Effective 22 March 2013H i s t o r y . T h i s p u b l i c a t i o n i s a m a j o u m m a r y . T h i s r e g u l a t i o n e s t a b l i s h e spolicies and Procedures on Criminal andcounterintelligence Investigation evidenceprocedures, including the collection, ac-counting, preservation, and disposition ofevidence.

6 It also specifies responsibilitiesof Military Police, Army CriminalInvestigation Command, and Army coun-terintelligence organizations, as they ap-ply to Evidence This regulation applies tot h e a c t i v e A r m y , t h e A r m y N a t i o n a lGuard/Army National Guard of the UnitedStates, and the Army Reserve, unlessotherwise stated. Specifically, it applies Army Reserve Soldiers while on ac-tive duty or inactive duty training applies to the Army National Guardwhen in active Federal service, as pre-scribed in Title 10, United States Code.

7 Itdoes not apply to Army National GuardS o l d i e r s s e r v i n g o n a n n u a l t r a i n i n g o rfull-time National Guard duty under Title32, United States Code. During mobiliza-tion, the proponent of this regulation maymodify policies in this and exception proponent of this regulation is theProvost Marshal General. The proponenthas the authority to approve exceptions orwaivers to this regulation that are consis-tent with controlling law and proponent may delegate this approvalauthority, in writing, to a division chiefwithin the proponent agency or its directreporting unit or field operating agency, inthe grade of colonel or the civilian equiv-alent.

8 Activities may request a waiver tothis regulation by providing justificationthat includes a full analysis of the ex-pected benefits and must include formalreview by the activity s senior legal offi-cer. All waiver requests will be endorsedby the commander or senior leader of therequesting activity and forwarded throught h e i r h i g h e r h e a d q u a r t e r s t o t h e p o l i c yproponent. Refer to AR 25 30 for internal control process.

9 Thisregulation contains internal control provi-sions in accordance with AR 11 2 andidentifies key internal controls that mustbe evaluated (see appendix B).S u p p l e m e n t a t i o n . S u p p l e m e n t a t i o n o fthis regulation and establishment of com-mand and local forms are prohibited with-o u t p r i o r a p p r o v a l f r o m t h e P r o v o s tM a r s h a l G e n e r a l ( D A P M M P D P S ) ,2 8 0 0 A r m y P e n t a g o n , W a s h i n g t o n , D C20310 improvements.

10 Users areinvited to send comments and suggestedimprovements on DA Form 2028 (Recom-m e n d e d C h a n g e s t o P u b l i c a t i o n s a n dBlank Forms) directly to Office of theP r o v o s t M a r s h a l G e n e r a l(DAPM MPD PS), 2800 Army Pentagon,Washington, DC 20310 This regulation is availablein electronic media only and is intendedfor command level A for the active Armyand the Army Reserve and D for theA r m y N a t i o n a l G u a r d / A r m y N a t i o n a lGuard of the United (Listed by paragraph and page number)